10882. Adulteration and misbranding of Sicilia Flavor and Green Leaf Shade and
Grassos coal-tar colors. U. S. v. 1 5-gallon Can, etc. (and 4 other seiz- 
ure actions). (F. D. C. Nos. 14870, 14882, 15056, 15095, 15098. Sample Nos. 
20383-F, 63822-F, 87139-F, 88095-F, 88096-F, 88563-F.)
LIBELS FILED : Between the dates of December 26, 1944, and January 31, 1945, 
District of Massachusetts, Eastern District of Michigan, Southern District of 
Florida, and District of Rhode Island.
ALLEGED SHIPMENT : Between the approximate dates of April 22 and December 4, 
1944, by David Kleckner and Sons, Inc., from Ozone Park, Long Island, N. Y.
PRODUCT: 7 gallons of Sicilia Flavor and 5 gallons of Green Leaf Shade color 
at Boston, Mass.; 4 gallons of Green Leaf Shade color at Detroit, Mich.; 1 pound 
of Grassos color at Tampa, Fla.; and 22 pounds of Green Leaf Shade color at 
Providence, B. I. These products were coal-tar colors and flavors containing 
coal-tar colors. With the exception of the "Tipo Grassos," they contained But- 
ter Yellow (Colour Index No. 19), an uncertifiable dye, and DC Green No. 6, 
a coal-tar color which cannot be certified for use in foods. The "Tipo Grassos" 
contained a coal-tar color made by combining aniline with resorcinol, pyrogallol, 
or hydroquinone.   No such color is certifiable under the provisions of the law.
LABEL, IN PART: "Tipo Sicilia Flavor," "Kleckner's Kolor Green Leaf Shade," 
"Kleckner's Sicilia Olio Flavor," "Kleckner Ole Green Leaf Shade," or 
"Kleckner's   Tipo Grassos."
tained a coal-tar color or colors which have not been listed for use in foods and 
were other than those certified in accordance with the regulations.
Misbranding, Section 403 (i), the Green Leaf Shade colors were fabricated 
from 2 or more ingredients, and the labels failed to bear the common or usual 
name of each ingredient; and, Section 403 (k), the flavors bore and contained 
artificial flavoring and artificial coloring, and the labeling failed to reveal that 
fact.
DISPOSITION : On April 11,1945, the United States district court for the District 
of Massachusetts ordered that the cases be consolidated and removed to the 
United States district court for the Southern District of New York. David 
Kleckner & Sons, Inc., claimant, having withdrawn the answers filed in each 
of the proceedings and having consented to the entry of a decree on January 14, 
1947, judgment of condemnation was entered and the products were ordered 
destroyed, with the exception of the seizure action against one bottle of Tipo 
Grassos, in which case, owing to the destruction of the article itself, the pro- 
ceeding was dismissed without costs.
MISCELLANEOUS FOODS*